The prosecutor's appeal is dismissed.

1. The lower court’s sentence (two months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, and forty hours of instruction in compliance driving) on the gist of the grounds of appeal is deemed to be too uneasible and unfair.

2. The judgment that the defendant has a record of being punished as a same crime, and that the blood alcohol concentration is high is disadvantageous to the defendant, or that the defendant does not violate the crime of this case and repeat the crime.

It is favorable that there is no record of punishment beyond the fine, and that there is no record of punishment.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.